Request for Negotiated Decision Notice

                                                                        DANYA COOK TOWN PLANNING

Earthworks and Retaining Walls

19. An easement for support for the retaining wall must be registered against the titles of proposed Lots 401 and 402. The easement
    must ensure the ongoing protection of the retaining wall.

Applicant’s Representation

With respect to Condition 19, generally the requirement is for a retaining wall to be fully contained within the lot it serves without a
need for an easement, however, it is understood that Council’s rational behind Condition 19 is as follows:

“The proposal includes the filling of part of proposed Lots 401 and 402. The submitted design plan includes filing across the proposed
internal boundary with retaining walls on the northern, eastern, and southern extents of the filling. Council has concern that future
owners may wish to alter the fill level within their lot, which may have a detrimental impact on the adjoining lot.

To address the concern, the condition for the construction of the additional retaining wall along the proposed internal boundary has
been included. The easement for support will protect the wall into the future. An alternative may be to construct two (2) walls along
the internal boundary, each wholly located within their respective lot; this seems excessive when the easement would address the
concerns”.

The establishment of two (2) retaining walls is excessive, however, the requirement to establish an easement over the retaining wall
is onerous, as this differs from lots developed elsewhere. If one owner wishes to alter the level of their own land in the future, they
will need to obtain a Development Permit for Operational Work (Excavation or Filling); this application process ensures that the
proposed earthworks do not negatively impact the adjoining lot and is more appropriately governed via this process, rather than
placing encumbering easements over the land.

Accordingly, we request that Council delete Condition 19 from Development Approval RAL21/0009.

3.0       SUMMARY

We look forward to receiving a favourable Negotiated Decision Notice from Council in due course, and should Council have any
questions with respect to the above, please do not hesitate to contact me direct.

Kind regards,




Danya Cook B.Urb.Reg.Plan
Principal Town Planner

M: 0422 051 263
E: [email protected]




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Request for Negotiated Decision Notice                                                                                   December 2021